BILL ANALYSIS
SB 41
Page 1
SENATE THIRD READING
SB 41 (Alan Lowenthal and Hancock)
As Amended June 23, 2009
Majority vote
SENATE VOTE :21-14
PUBLIC SAFETY 4-2 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Furutani, Hill, |Ayes:|De Leon, Ammiano, |
| |Ma | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |Fuentes, Hall, John A. |
| | | |Perez, Skinner, Solorio, |
| | | |Torlakson, Hill |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Hagman, Gilmore |Nays:|Conway, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
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SUMMARY : Requires firearms dealers to provide a firearms buyer
with a copy of the dealer record of sale (DROS) form at the time
of delivery of the firearm and after the dealer notes the date
of delivery and the dealer and purchaser acknowledge the
purchaser's receipt of the firearm, as specified. Specifically,
this bill :
1)Requires the Department of Justice (DOJ) to, upon proper
application, furnish, in addition to information contained in
the firearms registry, as specified, any information related
to that person's ownership of the firearm reported to DOJ, as
specified and that DOJ update the information it maintains
regarding firearm ownership, as specified.
2)Updates various statutes to reflect the name change of the
California National Guard Military Museum and Resource Center
to the State Military Museum and Resource Center.
3)Clarifies that law enforcement agencies shall report to DOJ
the disposition of any weapon in its possession whether the
weapon is retained, transferred, sold, or destroyed and
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permits firearms dealers to submit firearms purchase
information to DOJ in other locations than Sacramento.
4)Requires that, in the case of a private party transaction, a
copy of the DROS form will be provided to the buyer by the
dealer at the time the form is signed by the seller.
5)Creates exemptions from normal firearms transfer requirements
for firearms transferred by a law enforcement agency to
licensed firearms dealers, wholesalers or manufacturers, so
long as the transaction is reported to DOJ, as specified.
EXISTING LAW :
1)Provides that the sale, loan or transfer of firearms in almost
all cases must be processed by, or through, a state-licensed
dealer or a local law enforcement agency with appropriate
transfer forms being used, as specified. In those cases where
dealer or law enforcement processing is not required, a
handgun change of title report must still be sent to DOJ.
2)Requires that in connection with any private party sale, loan
or transfer of a firearm, a licensed dealer must provide the
DOJ with specified personal information about the seller and
purchaser as well as the name and address of the dealer. This
personal information of buyer and seller required to be
provided includes the name; address; phone number; date of
birth; place of birth; occupation; eye color; hair color;
height; weight; race; sex; citizenship status; and a driver's
license number, California identification card number or
military identification number. A copy of the DROS,
containing the buyer and seller's personal information, must
be provided to the buyer or seller upon request.
3)Requires that persons who sell, lease, or transfer firearms be
licensed by California.
4)Sets forth a series of requirements to be state licensed by
DOJ, which provides that to be recognized as state licensed a
person must be on a centralized list of gun dealers and allows
access to the centralized list by authorized persons for
various reasons.
5)Provides that revocation of a license will result where a
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person fails to comply with numerous requirements, including
conducting background checks prior to delivery of firearms,
assisting in the registration of handguns, processing
private-party firearms transactions, keeping extensive records
and submitting the same to DOJ, and making those records
available for law enforcement inspection.
6)Exempts certain persons including, but not limited to, law
enforcement, beneficiaries of an inheritance, and those who
are loaned firearms, as specified, from the state dealer
licensing requirements.
7)Requires all sales, loans, and transfers of firearms to be
processed through or by a state-licensed firearms dealer or a
local law enforcement agency.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, negligible state costs to DOJ.
COMMENTS : According to the author, "Currently, persons who
acquire, dispose of, or move into California with a handgun have
to go through a handgun registration process. With the surge in
sales and increase of DROS forms, it is important to ensure
accuracy. SB 41 provides additional consumer protections by
requiring the dealer to obtain a signature when delivering the
gun to the consumer; and, improving the manner in which law
enforcement reports acquisitions, ownership, and disposition of
firearms obtained in the course and scope of their duties."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0002352